- A federal judge granted a permanent injunction against Louisiana’s Act 456
- The law would have required social media to verify the age of all users
- NetChoice argued the law created “massive privacy risks”
US District Court has permanently blocked Louisiana’s controversial social media age verification law, declaring it unconstitutional just days before it was set to be enforced.
In a decision handed down this week, Judge John W. deGravelles ruled in favor of NetChoice, a tech trade association representing giants like Meta, X (formerly Twitter), and Google, arguing that the “Secure Online Child Interaction and Age Limitation Act” (Act 456) violated the First Amendment.
The law, passed in 2023, would have required social media platforms with more than five million users to verify the age of every account holder and obtain parental consent for minors under 16. While state officials argued the measure was necessary to protect children from online harm, the court found the legislation to be “wildly underinclusive” and “vastly overinclusive,” ultimately burdening the free speech rights of adults and minors alike.
The ruling is a significant victory for privacy advocates who have long warned that mandatory ID checks create security vulnerabilities and comes only days after NetChoice scored a similar victory in Arkansas.
In an era where data breaches are common, the requirement to upload government-issued identification to access lawful content has driven many security-conscious users to seek out the best VPN services to secure their digital footprint better. That said, a VPN alone cannot bypass account-level ID enforcement if it is tied to residency.
“ID checks outside the library”
Judge deGravelles did not mince words in his 94-page opinion. He criticized the state’s approach, stating that while the government has an interest in protecting children, it does not possess a “free-floating power to restrict the ideas to which children may be exposed.”
Drawing a powerful analogy, the court agreed with NetChoice’s argument that the First Amendment “forbids the government from posting ID-checks outside the library door,” ruling that the same principle applies to social media.
The judge also noted that the law was unconstitutionally vague in its definition of what constitutes a “social media platform,” leaving companies guessing as to whether they were liable. By forcing all users to surrender anonymity to access protected speech, the law would have chilled expression and created significant privacy risks for Louisiana residents.
A growing legal trend
This decision is not an isolated event. It follows a clear pattern of federal courts striking down similar state-level age verification mandates.
Only last week, we reported on how a federal judge blocked Arkansas’ social media safety law, citing nearly identical First Amendment concerns. Like the Louisiana case, the Arkansas ruling emphasized that the state cannot broadly restrict access to information in the name of safety without proving that less restrictive alternatives, such as device-level parental controls, are ineffective.
Paul Taske, Co-Director of the NetChoice Litigation Center, celebrated the Louisiana ruling in a statement. “Today, the First Amendment prevailed in Louisiana,” Taske said. “The government lacks authority to restrict access to lawful speech it does not like.”
What comes next?
While the permanent injunction prevents the law from taking effect, the legal battle may not be entirely over. Louisiana Attorney General Liz Murrill expressed disappointment with the ruling and indicated plans to appeal.
“It’s unfortunate that the court chose to protect huge corporations that facilitate child exploitation over the legislative policy to require simple age verification mechanisms,” Murrill said in a statement.
However, with legal precedents mounting in Ohio, Arkansas, California, and now Louisiana, the path forward for state-mandated age verification looks increasingly difficult. For now, social media platforms operating in Louisiana will not be required to implement the ID checks, and users can continue to access these services without handing over government documentation.
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